Protection Orders Attorney in San Marcos –
A protection order is a court’s order that prohibits an individual from being physically close to another person or having communication with them. It can be a no-contact order or a stay-away order. That person would have had to bring proof into court proving that they are in reasonable fear of bodily harm. Protective orders are classified into three types: emergency protective orders, interim protective orders, and permanent protective orders.
An individual must contact a domestic violence attorney as soon as possible to understand the various sorts of protection orders better. At Guerra Law Firm our protection order attorneys can assist a person with their domestic abuse case and pursue the most effective protective order applicable to their situation.
Different Types Of Protective Orders
Orders of protection may be classified into different types such as family court orders of protection or criminal court orders of protection.
The following are their commonalities and differences:
Family court order of protection:
The goal of this order is to remove violence in a family and protect victims.
Criminal court order of protection:
In a criminal process, a criminal court order of protection is issued as a condition of a defendant’s bail and release. This form of a court order can only be used against someone who has been charged with a crime.
Issuing A Protection Order
A protection order is generally issued by the court in cases when someone says, and there is adequate evidence to support the claim, that they are either an alleged victim or have a reasonable fear of impending physical harm, death, sexual assault, or similar aspects.
An individual can be given an emergency protection order right away. The emergency protection order will only be in effect for 72 hours. The preliminary protective order would be issued following the emergency protective order and would remain valid until the complete hearing for the permanent protective order. The duration of the permanent protection order is up to two years, and it can be renewed every two years.
Where Do Protection Orders Come In?
A court order of protection is granted to prevent someone from participating in any form of action that may endanger your person or body. Our team can explain how a protection order prevents your abuser from harming, threatening, or harassing you or your family.
It specifically demands the attacker to obey the following orders:
- Keep your children away from you.
- Leave your house.
- Obey custody orders.
- Pay child support.
- You do not own a firearm.
Violations Of Protection In Order
Because a court-issued protection order is a felony, breaking the order is a criminal. If the perpetrator does not comply with a protective order, you have the right to contact the police. Your abuser does not have to attack you to violate the order physically. If they fail to comply with any element of the order, notify law enforcement immediately and speak with an attorney. Our attorneys can help you keep your family secure.
How Can A Attorney For Protective Order Assist You?
Our team may provide comprehensive counsel regarding the possible dangers involved with protective orders, including the consequences of claiming or waiving the Fifth Amendment privilege against self-incrimination. Our attorneys may also assist parents seeking protection for their underage children from abusers. When the opposing side filed false or exaggerated accusations against our clients, our team would defend protective orders. Because of the nature of protective order proceedings, many of them have entailed effectively cross-examining small children to demonstrate to the court that there was no evidence supporting the requested protection order.